What do you mean by agent being left out if direct SPA signing?
In this case, the buyer is engaged at the signing of SPA stage (with a lawyer), agent’s role is not documented.
A vendor can deny agent’s job done and refuses to pay the professional fee. Although an appointment of agent can be written or verbal, market practices is ‘semua boleh’ and nobody will follow. An agent who has done his job can only claim his fees using the money paid by the buyer if the vendor does not want to pay (bad faith). He does this by producing a signed document of “confirmation of sales” or “letter of appointment” with the principal (in most case this is the seller) pursuant to S.22C(1) VAEP Act 1981. He gives this document to the conveyancing lawyer.
The lawyer upon receiving this signed document, would have to deduct the commission from the money paid before transacting the proceed of the sale to the seller. However, this section is only applicable when the act is legitimate. Illegal brokers cannot claim money this way. Instead, they commit an offence under the law. If found guilty, be punished in accordance to S.30 VAEP Act 1981.
*S.22C (1) (d) be entitled to recover in any court any fees, commissions, charges or remuneration for any professional advice or services rendered as an estate agent.